Decided on February 12,1976

SHAHED MIAH Respondents

Referred Judgements :-



- (1.)THIS is an appeal from a judgment of. the Workmen's Compensation Commissioner under section 30 of the Workmen's Compensation Act, 1923.
(2.)THE respondent was an employee of the appellant and had suffered physical injuries by reason of an accident in course of his employment on the 28th December, 1963. His wages were between Rs. 100 and Rs. 150/- per month. The Commissioner ' has found that he sustained a permanent "partial disability and assessed his loss of earning capacity to the extent of 10% per cent. The ' Commissioner made an award of compensation for Rs. 980/ -. He directed payment of the balance of Rs. 550j- with corresponding costs and hearing fee assessed at Rs. 10/ -. The respondent did not go to the witness box to adduce any evidence but there was medical evidence both by the employee's doctor as well as the employer's doctor. The accident occurred, as we have said, on the 28th December, 1963. It is admitted that the respondent resumed his duties on the 18th June, 1964 and he filed the case for compensation on the 19th October, 1965.
(3.)DR. S. K. Neogi gave medical evidence on behalf of the workman. He examined the respondent on the 13th June 1966. He stated as follows :
"very much tender and pigmented adherent scar on the medical aspect of the left ankle, heel, sole and foot with grafting from the left thigh with contraction of the scar and partially rigid ankle joint and wasting of the foot. I assess the disability, permanent and partial at 20 p. c. "
In cross-examination Dr. Neogi said:
"there is nerve involvement of the cuteneous nerve. No loss of sensation. My assessment is for the scar, i. e. based on the scar only. "
On behalf of the appellant Dr. S. M. Bhattacharya was examined. He had seen the patient on the 12th September, 1966. His evidence is:
"there is one irregular scar mark of 12 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. There is no evidence of any injury to the nerves and vessels. Movements of the left foot are normal. X-ray dated 13. 6. 66 shows no evidence of any bony injury to the left foot. Loss of working capacity is nil. Very much tender means very much sensitive and painful. We do not expect a man with a very tender scar on his leg would walk normally. "
Dr. Bhattacharya to a certain extant was shaken in cross-examination. His evidence in cross-examination is: -
"he can walk very slowly in a limping gait. The foot is not normal due to the presence of the scar but there is no disability in the matter of movement of the foot. The scar is not tender because it is not inflamed, not connected with the underlying tissues nor any affliction of the joints. "


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